Eta General Pvt Ltd v. Fujitsu General (Thailand) Company Limited

in O.S.A (CAD) No.1 of 2024 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., [Order of this Court was made by M.SUNDAR,J] In the light of what unfurled in the previous listing on 03.04.2024, Mr.V.Ponnappa Bharathi, learned counsel on record for the petitioner in the captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] sought leave of this Court to withdraw the captioned CMP but made a plea to preserve all the rights and contentions of the petitioner to resuscitate the prayer by coming up with a fresh CMP i.e., a fresh CMP with the same prayer as course correction qua certain procedural errors as resorting to this method would be less cumbersome compared to carrying out amendments. To be noted, the procedural errors correction will be in the Judge's summons / petition but the support affidavit will remain the same.

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2. Learned counsel has made an endorsement in the captioned CMP and a scanned reproduction of the same is as follows:

3. Captioned CMP disposed of as closed albeit preserving all the rights and contentions of the petitioner in the aforesaid manner to come up with another CMP with same prayer qua the same cause of action and all other rights and contentions in this regard. There shall be no order as to costs.

[M.S.,J.] [K.G.T.,J.] 17.04.2024 (1/2) gpa 2/3

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa in O.S.A (CAD) No.1 of 2024 17.04.2024 3/3